To book call (024) - Harry Shaw Travel
To book call (024) - Harry Shaw Travel
To book call (024) - Harry Shaw Travel
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Terms & Conditions of Booking<br />
From the time we issue an invoice confirming your holiday arrangements, a<br />
contract exists between us. This means that City Cruiser Holidays Ltd have<br />
certain obligations towards you, our client - and you in return have an<br />
undertaking towards City Cruiser Holidays Ltd. We have set out below in<br />
simple terms the terms of this agreement, so that everyone’s responsibilities<br />
and rights are clearly understood. We explain what happens if you wish to<br />
make a change to your holiday, and the terms on which we will pay you<br />
compensation in the unlikely event of having to alter your holiday. The terms<br />
of this Fair Trading Agreement apply to all holidays operated by City Cruiser<br />
Holidays. Your contract is entered into with City Cruiser Holidays Limited.<br />
PAYMENT The completed <strong>book</strong>ing form, signed by the party leader and<br />
including the names of all persons travelling, must be accompanied by a<br />
deposit of £45.00 per person (coach holidays), £50.00 per person deposit<br />
(on tours to Disneyland® Resort Paris), £100 per person (air holidays) (unless<br />
otherwise shown). On receipt of your completed <strong>book</strong>ing form we will send<br />
you an invoice stating the balance due to us and the final date for payment,<br />
which is normally three weeks before the date of travel (four weeks on holidays<br />
to Disneyland® Resort Paris or ten weeks on holidays by air). No further<br />
reminder is sent to you, and if the balance remains unpaid after this date, we<br />
reserve the right to cancel your holiday and retain the deposit you have paid.<br />
If you <strong>book</strong> within four weeks of the departure date Coach holidays - ten<br />
weeks air holidays you must pay the full amount at the time of <strong>book</strong>ing.<br />
Personal cheques cannot be accepted if <strong>book</strong>ing/paying within 10 working<br />
days of departure. It is agreed by all parties that in any action arising out of<br />
or in connection with this Contract English law will govern.<br />
CANCELLATION BY YOU - We begin to incur expenditure from the time we<br />
receive your <strong>book</strong>ing, and so the deposit is paid to us as a sign of your<br />
willingness to utilise the travel arrangements and accommodation which we<br />
reserve on your behalf. If you wish to cancel your reservation you must do<br />
so in writing, and the charges you incur will depend on the date on which we<br />
receive this written notification. It is in your own interest to give us as much<br />
notice as possible, as cancellation charges incurred are on a sliding scale,<br />
as detailed:<br />
Coach Holidays<br />
• Prior to 21 days of departure - loss of deposit<br />
• 21-15 days before departure - 45% or deposit if greater<br />
• 14-7 days before date of departure - 60% or deposit if greater<br />
• Up to 6 days before departure - 100%<br />
Air Holidays<br />
• Prior to 42 days before departure - loss of deposit<br />
• 42-29 days before departure - 50% of holiday cost or deposit if greater<br />
• 28-15 days before departure - 60% of holiday cost or deposit if greater<br />
• 14-7 days before date of departure - 90% of holiday cost or deposit if<br />
greater<br />
• Up to 6 days before departure - 100%<br />
Percentages shown are percentages of the total cost of your holiday.<br />
Insurance premiums are not refundable. However, your insurance policy<br />
covers cancellation for various reasons, and you may be able to claim for<br />
any cancellation charges incurred.<br />
ALTERATION BY YOU - The following details shows charges applicable for<br />
any changes you may make to your reservation after we have received your<br />
<strong>book</strong>ing form and deposit. In all cases you must notify us or your travel agent<br />
in writing of your intention to make an alteration.<br />
i) If you wish to change to another City Cruiser holiday and providing you<br />
notify us more than 21 days (coach holidays) more than 70 days (air holidays)<br />
in advance of the original departure date you will be charged an amendment<br />
fee of £5.00 per person up to a maximum of £40.00 per <strong>book</strong>ing form - Except<br />
Ticket events including Concerts, Theatres, Shows, Sporting Events etc.<br />
where no change can be made. We reserve the right to make an additional<br />
charge to cover in full any costs charged to us by our suppliers.<br />
ii) If you change your holiday less than 21 days (coach holidays) 70 days<br />
(air holidays) before the due date of departure it will be treated as a cancellation<br />
and cancellation charges will be levied as in paragraph 2.<br />
iii) If you wish to make any other alterations to your original <strong>book</strong>ing e.g.:<br />
change the pick up point, alter the type of room you require or make a spelling<br />
amendment to a name, you will be charged an amendment fee of £5.00 per<br />
amendment on coach holidays or £20.00 per amendment on air holidays. If<br />
a <strong>book</strong>ing amendment involves a change of name, insurance premiums are<br />
not transferable. We reserve the right to make additional charges to cover in<br />
full any costs charged to us by our suppliers.<br />
iv) Please note that if the <strong>book</strong>ing alteration involves a change of name,<br />
insurance premiums are not transferable. Where any changes made to a<br />
<strong>book</strong>ing (including change of surname, initial or title) involve travel by<br />
scheduled flights we reserve the right to make an additional charge to cover<br />
in full any cost charged to us by our suppliers.<br />
TRAVEL INSURANCE - It is a requirement that when you travel you must<br />
take out adequate insurance. Full details are available and the premium<br />
should be added to your deposit. If you would prefer to arrange your own<br />
insurance it must be of equivalent or greater cover than our own, must include<br />
76<br />
24 hour emergency assistance, and details must be given on the <strong>book</strong>ing<br />
form. Please note: It is your responsibility if required to arrange additional<br />
cover exceeding the maximum amounts payable under the Company policy<br />
or for areas of additional liability (see later). We are unable to accept<br />
responsibility for any costs you or anyone in your party may incur as a result<br />
of failing to take out insurance cover.<br />
ALTERATIONS BY US - IF WE CHANGE YOUR HOLIDAY - It is unlikely<br />
that we will have to make any changes to your holiday, but we do plan the<br />
arrangements many months in advance, and sometimes we may need to<br />
make changes. Most of these changes however are quite minor, but where<br />
they are significant we will inform you or your travel agent as soon as is<br />
reasonably possible if there is time before your departure. If a MAJOR change<br />
becomes necessary we will inform you or your travel agent as soon as<br />
reasonably possible if there is time before your departure. Flight timings and<br />
carriers in brochures are subject to change as a result of airline procedures.<br />
Minor changes include a change of aircraft type, airline, departure airport or<br />
airport destination or accommodation to that of the same or higher standard<br />
of classification. A major change is one that we make to your holiday<br />
arrangements before departure that involves changing your resort area, or<br />
time of departure or return by more than twelve hours, or offering<br />
accommodation of a lower rating than that originally <strong>book</strong>ed. You then have<br />
the choice of:<br />
i) Accepting the changed arrangements notified to you<br />
ii) Purchasing another available holiday from us<br />
iii) Cancelling your holiday<br />
If you choose i) or ii) we will pay you compensation on the scale shown<br />
below. If you choose iii) we will refund you all monies paid to us plus<br />
compensation on the scale shown below. However in no case will we pay<br />
compensation if the change is due to an event listed in Important Note below.<br />
PERIOD BEFORE SCHEDULED DEPARTURE WITHIN WHICH A MAJOR<br />
CHANGE IS NOTIFIED TO YOU OR YOUR TRAVEL AGENT.<br />
Compensation per Person<br />
More than 21 days NIL<br />
15-20 days £10.00<br />
0-14 days £15.00<br />
Important Note: Compensation payments do not apply to changes caused<br />
by war or threat of war, riots, civil strife, terrorist activity, industrial disputes,<br />
natural disasters, fire, technical problems to transport, closure of ports or<br />
similar events beyond our control amounting to force majeure. The<br />
compensation payments do not apply to day trips.<br />
IF WE CANCEL YOUR HOLIDAY - It is necessary for there to be a minimum<br />
number of passengers in order to operate a tour. In certain circumstances<br />
therefore we may have to cancel your holiday and if this should occur we will<br />
return to you all monies paid to us or offer you a suitable alternative. However<br />
we will not cancel your holiday: i) Immediately prior to the departure date<br />
unless you have not paid for your holiday in full, If we then cancel your<br />
holiday you will be entitled to either a comparable holiday or a full refund.<br />
ii) After the balance due date except as a result of hostilities, political unrest,<br />
or other circumstances amounting to force majeure.<br />
If we have to cancel your holiday at any time City Cruiser Holidays Ltd is<br />
liable only for any monies you have paid to us at the time of cancellation and<br />
for the compensation payments as detailed above.<br />
SURCHARGES - The price of your travel arrangements can be varied due to<br />
changes in transportation costs - eg fuel, scheduled air fares and any other<br />
airline surcharges which are part of the contract between airlines (and their<br />
Agents) and the <strong>To</strong>ur Operator/Organiser, Government action such as<br />
increases in VAT or any other Government imposed increases and a drop in<br />
exchange rates. In the case of any small variation an amount equivalent to<br />
2% of the price of your travel arrangements which excludes insurance<br />
premiums and any amendment charges will be absorbed or retained. For<br />
larger variations this 2% will still be absorbed for increases but not retained<br />
from refunds. In either case there will be an administration charge of £1 per<br />
person together with an amount to cover Agent’s commission. If this means<br />
that you have to pay an increase of more than 10% of the price of your travel<br />
arrangements you may cancel your travel arrangements and receive a full<br />
refund of all monies paid, except for any additional amendment charges. We<br />
will consider an appropriate refund of insurance premiums paid if you can<br />
show that you are unable to transfer or re-use your policy. Should you decide<br />
to cancel for this reason you must exercise your right to do so within 14 days<br />
from the issue date printed on your final invoice. Whether you cancel or not<br />
you will also be entitled on the terms set out in respect of major changes as<br />
detailed below to accept an offer of alternative travel arrangements from us if<br />
we are able to do so and compensation is set out below. Please note that<br />
travel arrangements are not always purchased in local currency and some<br />
apparent changes have no impact on the price of your travel due to contractual<br />
and other protection in place. Surcharges will not be imposed within 30 days<br />
of departure unless the holiday is <strong>book</strong>ed within that period. Prices include<br />
all known costs when we went to press and are based on the following currency<br />
rates as recommended by ABTA on 01 March 2011 as published in the<br />
Financial Times. All rates are £ sterling: Euros 1.1783, US$ 1.62<br />
Unless specifi<strong>call</strong>y indicated in the holiday description entrance fees, guide<br />
costs, city guided tours and optional excursions are not included in the holiday<br />
price. Some hotels charge extra for porterage and tea/coffee served with<br />
lunch or dinner.<br />
All prices and supplements in this brochure are quoted per person per holiday.<br />
Holiday prices include all travel, accommodation as specified and VAT as<br />
applicable in September 2011.<br />
At the time of printing we have been advised of the possibility of the introduction<br />
of consumer levies to provide additional financial protection for the holidays<br />
in this brochure. If such a levy is introduced it will be shown as a separate<br />
item on your invoice and will not be subject to our surcharge guarantee.<br />
PAYMENTS FROM YOU - If you <strong>book</strong> a holiday which does not include flights<br />
through one of our authorised travel agents all monies you pay to him will be<br />
held on our behalf from the time you receive our confirmation showing our<br />
acceptance of your <strong>book</strong>ing. After that all such monies will be held on our<br />
behalf. If you <strong>book</strong> an air holiday with us through one of our authorised<br />
agents any money held by him is held on behalf of City Cruiser Holidays<br />
Limited.<br />
SENDING YOUR TICKETS - After you have paid your final balance we will<br />
send you your tickets and travel information approximately 7 days before<br />
your scheduled departure date.<br />
LACK OF FACILITIES - All holiday arrangements, hotels and coach facilities<br />
advertised in this brochure are published by us in good faith, and to the best<br />
of our knowledge are accurate. However, as this brochure is written twelve<br />
months in advance, and due to various reasons such as adverse weather,<br />
breakdown, seasonal activities etc., some amenities may not be available at<br />
the time of your stay.<br />
OUR RESPONSIBILITY TO YOU - We accept responsibility for ensuring<br />
that all components of your holiday as described in this brochure are supplied<br />
to you to a reasonable standard. If any part is not provided in the advertised<br />
manner we will pay you reasonable compensation unless the non-provision<br />
was due to circumstances which we could not predict and which were beyond<br />
our control such as adverse weather conditions, road or traffic conditions or<br />
other such conditions amounting to Force Majeure. Please remember that<br />
some amenities (e.g. lifts, swimming pools, etc.) require servicing and cleaning<br />
and may not therefore be available at all times. Some services may be affected<br />
by weather conditions and their availability is entirely at the discretion of the<br />
other provider of the service. Entertainment (particularly live entertainment)<br />
is frequently subject to demand and its nature and/or frequency may be varied<br />
if there is a lack of demand or insufficient numbers.<br />
FLIGHT HOLIDAYS - All prices for flight holidays unless otherwise stated<br />
are based on air travel in economy class. Passenger travel on scheduled<br />
airlines is provided under the conditions of the airline concerned as printed<br />
on the air ticket or website. We reserve the right to substitute an alternative<br />
airline or aircraft type. This brochure is issued on the sole responsibility of<br />
the tour operator. It is not issued on behalf of the airlines whose services are<br />
used in the course of the tour. Please note Flight times shown in this brochure<br />
although correct at the time of printing are for guidance only and may vary as<br />
a result of subsequent adjustment to airline flight schedules. Final timings<br />
and tickets will be enclosed with your travel documentation.<br />
PERSONAL INJURY (WHILST PARTICIPATING IN ARRANGEMENTS<br />
MADE BY US) ADDITIONAL PROTECTION- City Cruiser Holidays Ltd has<br />
taken all reasonable and proper steps to ensure that proper arrangements<br />
have been made for all the holidays which are advertised in this brochure<br />
and the supplies of all the services are efficient, safe and reputable and that<br />
they comply with Local and National laws and regulations of the country in<br />
which they provide these services. Whilst we have no direct control over the<br />
provision of services to you by suppliers we will pay to our clients the equivalent<br />
of such damages as they would be entitled to receive under English law in an<br />
English court for any personal injury to the client, including illness or death,<br />
caused by the failure to perform or improper performance of such services or<br />
agents of ourselves or any of our suppliers contracted or sub-contracted by<br />
us to provide any part of the arrangements for your holiday as described in<br />
this brochure where such failure or improper performance is due to the fault<br />
of such person whilst acting within thescope, or in the course of their<br />
employment and not an event which such person could foresee or forestall<br />
even if they had taken all due care.<br />
PLEASE NOTE: We will make payments as stated above provided:<br />
i) That claims for personal injury are notified to us within 3 months of return<br />
from holiday.<br />
ii) That injured clients assign to City Cruiser Holidays Ltd any rights against a<br />
supplier or other person or party they may have relating to the claim.<br />
iii) They agree to co-operate with us fully should we or our insurers wish to<br />
enforce those rights which have been assigned to us or to which we are<br />
subrogated.<br />
iv) Such payment is limited in the case of transport by water or air to a<br />
maximum of such sums as would be obtained under the provisions of the<br />
appropriate International conventions.<br />
This assignment is necessary to enable us to try and recover from suppliers<br />
<strong>To</strong> <strong>book</strong> <strong>call</strong> (<strong>024</strong>) 76 455 544 or visit www.harryshaw.co.uk<br />
any compensation we have paid to clients and associated costs, arising from<br />
personal injury to clients caused by the fault of those suppliers. If we recover<br />
more than such compensation and costs, any excess will be paid to the injured<br />
client. Please note the operation of overseas property, transport and other<br />
services is regulated and enforced by local authorities of each country and is<br />
subject to the laws, regulations and standards of codes of practice of that<br />
country. The legal and safety requirements of many foreign countries are<br />
lower than in the UK. It is only the local standards of each country that<br />
foreign suppliers operate to.<br />
ADDITIONAL PROTECTION - City Cruiser Holidays Limited values its<br />
reputation with you, our client, and has therefore made arrangements for<br />
those enforceable difficulties that may occur in which you may suffer illness,<br />
injury or death during your holiday, arising from an activity which is not part of<br />
the holiday arrangements, nor organised lo<strong>call</strong>y through our own<br />
representative, nor through your own misadventure. In cases where holiday<br />
insurance does not already offer such an arrangement, we are prepared to<br />
provide financial assistance up to a limit of £5,000 per <strong>book</strong>ing for advice,<br />
guidance and assistance where appropriate, to help deal with such a mishap.<br />
(Should you subsequently receive a satisfactory settlement, we would look<br />
to recover our costs). This is on condition that you make an insurance claim<br />
on the legal expenses section of your insurance cover in respect of any legal<br />
fees incurred abroad for that purpose, and that you produce to us confirmation<br />
from the insurance company in respect of receipt of your notification to them<br />
of your claim.<br />
TRAVEL DELAYS AND DISPUTES - Compensation will not be payable for<br />
any aspect of your holiday affected by matters over which we have no control,<br />
such as weather conditions, industrial disputes affecting ferries, airlines,<br />
floods, civil disturbances, coach mechanical problems, lack of coach facilities<br />
etc. In the unlikely event of a delay due to mechanical failure of one of our<br />
coaches, we undertake to do out utmost to arrange an alternative vehicle as<br />
quickly as possible. We make every effort to operate coaches of the standard<br />
described in this brochure but can not accept claims from passengers on the<br />
basis of an inferior vehicle being used as a relief or replacement in an<br />
emergency, or any coach features being in-operable or clients/drivers smoking<br />
in contravention of our policy. We cannot accept responsibility for delays in<br />
arriving at the resort, missed onward travel arrangement, the loss of wages<br />
as a result of a delay in return to the UK unless it is our proven or gross<br />
negligence. No responsibility will be accepted for inconvenience or lost<br />
holidays where clients have presumed the coach will be in City Cruiser<br />
Holidays colours and failed to approach the vehicle to check with the crew.<br />
Unless otherwise indicated, on Continental tours, cross channel ferries are<br />
used. However we do reserve the right to use Eurotunnel in the event of<br />
industrial action, bad weather or for unforeseeable operational reasons.<br />
Likewise where we advertise where Eurotunnel will be used, we reserve the<br />
right to use a ferry crossing in the event of industrial action, bad weather or<br />
unforeseeable conditions. Compensation will not be payable in such<br />
circumstances.<br />
COMPLAINTS - In the unlikely event that you should wish to complain about<br />
any aspect of your holiday, you must notify our driver/local representative<br />
immediately in order that he/she has the opportunity to resolve the problem<br />
quickly and to your satisfaction. If you still have reason to be dissatisfied<br />
upon completion of your holiday you should write within 28 days of your return<br />
to the Customer Services Department, City Cruiser Holidays Limited, setting<br />
out details of your complaint and quoting your <strong>book</strong>ing reference number.<br />
Because of the difficulties involved in looking into a problem too long after the<br />
event we will not consider, nor accept, any liability for any complaint unless it<br />
is notified to us within the time stated above or reported to our driver/local<br />
representative at the time. Some telephone conversations may be recorded.<br />
Disputes arising out of or in connection with this contract which cannot be<br />
amicably settled may be referred to arbitration if the customer so wishes<br />
under a special scheme arranged by ABTA. The scheme provides for a simple<br />
and inexpensive method of arbitration on documents alone with a restricted<br />
liability on the consumer in respect of costs. Full details will be provided on<br />
request or can be obtained from the ABTA website, (www.abta.com). The<br />
scheme does not apply to claims for an amount greater than £5,000 per<br />
person. There is also a limit of £25,000 per <strong>book</strong>ing form. Neither does it<br />
apply to claims which are solely in respect of physical injury or illness or the<br />
consequences. The scheme can however deal with compensation claims<br />
which include an element of minor injury or illness subject to a limit of £1,500<br />
on the amount the arbitrator can award per person in respect of this element.<br />
The application for arbitration and statement of claim must be received by<br />
ABTA within 18 months of the date of return from holiday. Outside this time<br />
limit arbitration under the scheme may still be available if the Company agrees<br />
but the ABTA code does not require such agreement.<br />
For injury and illness claims you can request the ABTA Mediation Procedure<br />
and we have the option to agree to mediation. Further information on the<br />
code and ABTA’s assistance in resolving disputes can be found on<br />
www.abta.com